Legal Opinion

Matter of N.Y.C. H.R.R.R. Co.

New York Court of Appeals

Decided January 25, 1876PublishedCited by 22 opinions

1Opinion of the Court

The power to institute, control and review, the proceedings of commissioners in street opening cases and in cases of taking lands for railroad purposes, is given to the Supreme Court, as the court of the Constitution, and not to the judges thereof, in such way that they must act as a tribunal of inferior jurisdiction created by statute, or as commissioners appointed by the legislature. (N.Y.C.R.R. v. Marvin, 11 N.Y., 276; Matterof Canal St., 12 id., 406; In re Osw. and Mid. R.R., 40 How. Pr., 335). It follows that at Special Term the court has all its powers in dealing with those cases, among…

2Cases cited5 opinions

  1. Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
  2. New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
  3. Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
  4. Livermore v. . BainbridgeNew York Court of Appeals · 1874
  5. In re New York & Oswego Midland RailroadNew York Supreme Court · 1870

3Cited by22 opinions

  1. Antman v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1933
  2. Milwaukee Light, Heat & Traction Co. v. Ela Co.Wisconsin Supreme Court · 1910
  3. In the Matter, Etc., of P.P. C.I.R.R. Co.New York Court of Appeals · 1881
  4. In the Matter, Etc., of Kings Co. Elev. Ry. Co.New York Court of Appeals · 1880
  5. Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896

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